[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28895]

[[Page Unknown]]

[Federal Register: November 23, 1994]



Office of Surface Mining Reclamation and Enforcement

30 CFR Part 915


Iowa Permanent Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.


SUMMARY: OSM is announcing the receipt of revisions to a previously 
proposed amendment to the Iowa permanent regulatory program 
(hereinafter, the ``Iowa Program'') under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA), and is reopening the public 
comment period on the proposed amendment. The revised amendment 
proposes further changes of the Iowa regulations pertaining to permit 
revisions, bond release applications, and individual civil penalties. 
The amendment is intended to revise the State program to be consistent 
with the corresponding Federal standards, clarify ambiguities, and 
improve operational efficiency.
    This document sets forth the times and locations that the Iowa 
program and proposed amendment to that program are available for public 
inspection and the reopened comment period during which interested 
persons may submit written comments on the proposed amendment.

DATES: Written comments must be received by 4 p.m., c.s.t. December 8, 

ADDRESSES: Written comments should be mailed or hand delivered to 
Michael C. Wolfrom at the address listed below.
    Copies of the Iowa program, the proposed amendment, and all written 
comments received in response to this document will be available for 
public review at the addresses listed below during normal business 
hours, Monday through Friday, excluding holidays. Each requester may 
receive one free copy of the proposed amendment by contacting OSM's 
Kansas City Field Office.

Michael C. Wolfrom, Acting Director, Kansas City Field Office, Office 
of Surface Mining Reclamation and Enforcement, 934 Wyandotte, Room 500, 
Kansas City, MO 64105 Telephone: (816) 374-6405.
Iowa Department of Agriculture and Land Stewardship, Division of Soil 
Conservation, Wallace State Office Building, East 9th and Grand 
Streets, Des Moines, Iowa 50319; Telephone: (515) 281-6147.

Michael C. Wolfrom, Telephone: (816) 374-6405.


I. Background on the Iowa Program

    On January 21, 1981, the Secretary of the Interior conditionally 
approved the Iowa program. General background information on the Iowa 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval of the Iowa program can be 
found in the January 21, 1981, Federal Register (46 FR 5885). 
Subsequent actions concerning Iowa's program and program amendments can 
be found at 30 CFR 915.15 and 915.16.

II. Discussion of Proposed Amendment

    By letter dated April 13, 1994 (Administrative Record No. IA-397), 
Iowa submitted a proposed amendment to its program pursuant to SMCRA. 
Iowa submitted the proposed amendment with the intent of satisfying the 
required program amendments at 30 CFR 915.16 (a) and (b) and at the 
State's own initiative to improve its program.
    OSM announced receipt of the proposed amendment in the May 5, 1994, 
Federal Register (59 FR 23177) and, in the same document, opened the 
public comment period and provided opportunity for a public hearing on 
the adequacy of the proposed amendment. The public comment period ended 
on June 6, 1994. The public hearing scheduled for May 31, 1994, was not 
held because no one requested an opportunity to testify.
    During its review of the amendment, OSM identified several concerns 
relating to the provisions of the proposed amendment. OSM notified Iowa 
of the concerns by letter dated October 3, 1994 (Administrative Record 
No. IA-407), which identified eight deficiencies and one suggestion 
concerning the April 13, 1994, amendment submission. By letter dated 
November 8, 1994 (Administrative Record No. IA-408), Iowa submitted a 
revised amendment. This new amendment submission contains further 
revisions that are discussed briefly below:

(1) IAC 27-40.32  Permit Revisions

    Iowa revises these regulations to require that all items 
incorporated into an approved permit must be addressed by application 
for either an amendment or a revision; removes the redundant 
incorporation by reference of 30 CFR 774.11 (b) and (c); deletes a 
phrase referring to conditions of the approved permit; establishes that 
amendments as well as revisions are subject to Part 9 of the Iowa 
rules; establishes the Division's intent that replacement documentation 
for amendments as well as revisions must describe changes to be made in 
the same detail as was required in the original permit; adds a 
reference to cultural resources as a consideration when determining 
significant departures from the original permit; and adds a third 
criterion for approval of a revision, requiring that applicable 
provisions of the written permit findings also be met.

(2) IAC 27-40.51(7)  Applications for Bond Release

    Iowa establishes a 30-day period in which the Division will make a 
determination of completeness of the bond release application.

(3) IAC 27-40.75(2)  Definition of ``Violation, Failure, or Refusal.''

    Iowa revises the definition to include applicable references to 
appropriate Iowa regulations.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Iowa program.
    Written comments should be specific, pertain only to the issue 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Kansas City Field Office 
will not necessarily be considered in the final rulemaking or included 
in the administrative record.

IV. Procedural Determinations

Executive Order 12866

    This rule is exempted from review by the Office of Management and 
Budget (OMB) under Executive Order 12866 (Regulatory Planning and 

Compliance With the National Environmental Policy Act

    No environmental impact statement is required for this rule since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act [42 U.S.C. 

Compliance With the Regulatory Flexibility Act

    The Department of the Interior has determined that this rule will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal, which is the subject of this rule, is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. Hence, this rule will ensure that existing requirements 
previously promulgated by OSM will be implemented by the State. In 
making the determination as to whether this rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations.

Compliance With Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) and has 
determined that this rule meets the applicable standards of subsection 
(a) and (b) of that section. However, these standards are not 
applicable to the actual language of State regulatory programs and 
program amendments since each such program is drafted and promulgated 
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA 
(30 U.S.C. 1253 and 1255) and 30 CFR 730.11, 732.15 and 732.17(h)(10), 
decisions on proposed State regulatory programs and program amendments 
submitted by the States must be based solely on a determination of 
whether the submittal is consistent with SMCRA and its implementing 
Federal regulations and whether the requirements of 30 CFR Parts 739, 
731, and 732 have been met.

Compliance With the Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the OMB under the Paperwork Reduction Act (44 
U.S.C. 3507 et seq).

List of Subjects in 30 CFR Part 915

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 17, 1994.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-28895 Filed 11-22-94; 8:45 am]